1. The decision made by the Intellectual Property Tribunal on September 22, 2016 on the case No. 2015 Won4824 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. 1) The filing date of the instant trademark 1) / the filing date of the priority claim / the application number: 17/17/10 on April 17, 2013 (No. 40-2014-025894) : 3) Designated goods: Software that can be downloaded from Category 9 of Goods (software/computer code/user-produced contents can be shared or developed jointly) (hereinafter “designated goods of this case”).

4) Applicant: Plaintiff

B. 1) The examiner of the Korean Intellectual Property Office decided to refuse the registration of the applied trademark in this case on the ground that “The trademark in this case has the meaning of “the web-based hosting service supporting the project,” and thus, it is a trademark indicating the nature (use and efficacy) of the goods in a common way if it is used on the designated goods, and it is not possible for consumers to distinguish a service business related to a person’s business, and thus, it cannot be registered under Article 6(1)3 and 7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same shall apply) on the ground that the trademark in this case falls under Article 6(1)3 and 7 of the former Trademark Act (amended by Act No. 14034, Feb. 29, 2016; 2) the Patent Tribunal rejected the application for the registration of the applied trademark in this case on September 22, 2016 because it constitutes a trademark indicating the trademark in this case’s exclusive system and other designated goods.”

【Ground of recognition】 There is no dispute.